Learn how to update your Certificate of Formation or Certificate of Incorporation in Alabama to keep everything legal and current for your business.
The Alabama Certificate of Formation is the founding document in your limited liability company (LLC) formation process. If you’re forming a corporation, then the Certificate of Incorporation holds the same importance. These formation documents provide the state with the basic information about your business so that you can conduct business operations as an LLC or corporation. But as you operate your business over time, some of this information may change. When this happens, you need to update that information with the state by filing an amendment to those Articles.
If this seems overwhelming, don’t worry; we’re here to help. Let’s take a closer look at how to file an amendment to your Alabama Certificate of Formation or Certificate of Incorporation, why you might need to do so, and how we can help.
Need to start your LLC first? Head over to the page on our Alabama LLC formation services to see how we can simplify the LLC formation process for you. Or if a corporation is more your speed, check out our Alabama corporation formation services.
If you need to make changes to an Alabama LLC, we’ll show you how in this section. But if you need to make changes to an Alabama corporation, keep scrolling to the section titled “Amending an Alabama Corporation Certificate of Incorporation.”
In Alabama, the Certificate of Formation is the founding document for an LLC; it’s what creates the business. In fact, until you file this form, your LLC won’t technically exist. The Certificate of Formation asks for a variety of information, including:
Generally speaking, if you want to make changes to any of this information, then you’ll need to file amendment paperwork. However, there are a couple of important exceptions.
If you want to change your registered agent and/or registered office, you’ll need to file a Change of Registered Agent or Registered Office by Entity form and pay a $100 filing fee (as of this writing). If you want to change your LLC’s name, you’ll need to complete a Name Reservation Request Form for Domestic Entities form and include it with your LLC Certificate of Amendment. You’ll need to include a separate $25 fee for the name reservation in addition to the fee for the Certificate of Amendment, which is $100 (fees are subject to change, so check the Alabama Secretary of State page for the latest fee schedule).
In Alabama, you’ll use the Certificate of Amendment form to make changes to your LLC. You can use this form to make a variety of changes, such as your principal office address. You can’t, however, use the Certificate of Amendment to change your registered agent information.
Before you get into the paperwork, it’s helpful to gather the information you need to make your amendment. The Certificate of Amendment asks for a few pieces of info:
If you’re going to be changing your business name, Alabama also requires you to attach a copy of your new name’s name reservation form, so be sure to get a copy of that if you need it.
Gathering this information before you start the paperwork will help streamline your filing process.
Keeping your business compliant with state business regulations helps it maintain its entitlement to all of its legal benefits. When you file your entity as a legal LLC in Alabama, all information included in your filing becomes public knowledge. If your information changes but you don’t update it, the public may not have accurate contact information. Any changes in your registered agent should be reported as well since they are responsible for receiving service of process and other important communications on behalf of your business.
If your Alabama Certificate of Formation doesn’t properly reflect current business operations, the business may be deemed non-compliant. This could prevent your limited liability company from obtaining an Alabama Certificate of Compliance (called a Certificate of Good Standing in most states). Potential investors, clients, business owners, or account managers may ask to see a Certificate of Compliance before doing business with your company. Falling out of compliance can harm your company directly and limit your ability to expand or raise capital. We can help you get your certificate with our Certificate of Good Standing service.
The final step is to file your paperwork. To get started filing by mail, you’ll need to download the Certificate of Amendment form from the Secretary of State’s website and fill it out with the information you gathered in Step 2. You can mail two copies of the form along with your payment and a self-addressed, stamped envelope to the Secretary of State’s office.
Alternatively, you can file the form online via the Alabama Secretary of State Online Services website for a faster, smoother process.
At the time of this writing, there’s a $100 filing fee for this form. Once this form is processed, your amendment will go into effect.
Need to make changes to an Alabama corporation? We’ll show you how in this section.
In Alabama, the Certificate of Incorporation is the document that creates your corporation. Technically, until you file one, your corporation doesn’t even exist. This form asks for a variety of information about your business, including:
Generally speaking, if you need to make changes to this information, then you’ll need to file an amendment. However, there are a couple of important exceptions.
Alabama corporations will need to file an Amendment to the Certificate of Incorporation form to amend a corporation. This form asks for information about a variety of changes, such as your business name, your purpose, and more. Please note that you can’t change your registered agent information with this form.
Before you jump into the paperwork, it’s helpful to gather the information you need to make the appropriate changes. The amendment paperwork requires a variety of information, including:
If you’re changing your business name, you’ll also need to attach a copy of your business name reservation.
Gathering all of this information before you file your paperwork can help streamline the filing process.
Now it’s time to file your amendment paperwork. If you’re filing by mail, you’ll need to start by downloading the Amendment to the Certificate of Incorporation and filling it out with the information you gathered during Step 2. Then, you’ll need to send in two copies along with a self-addressed, stamped envelope and your payment.
At the time of this writing, there’s a $100 fee for this filing. Once the form is processed, your amendment will go into effect.
An Alabama LLC Certificate of Formation may be restated with or without amendment at any time according to Alabama law. The LLC restatement form is almost identical to the Alabama LLC Amendment form. If you’re changing your LLC’s name, you must attach a new name reservation certificate. Note that you can’t restate an Alabama Certificate of Incorporation.
Alabama Articles of Amendment allow you to add information and make changes. Restated Articles update and incorporate changes into the original articles so that all information is in one place.
If you’re changing your registered agent information, please keep in mind that you cannot use the amendment forms to make that change. Instead, you’ll need to use the “Change of Registered Agent or Registered Office by Entity” form.
If you’re going to be changing both your registered agent form and other changes on top of it, you’ll need to file both the Certificate of Amendment and the change of agent form.
Change can be a great thing for your business. Filing your Alabama amendment doesn’t have to be a cumbersome task, but it does need to be thorough. Consider using our Worry-Free Compliance or amendment filing services to keep you current and in good standing without the headache.
FAQ
No, you’re not required to use an attorney to file an amendment, though you may want to do so if you have concerns or questions about the process.
With Articles of Amendment, LLCs and corporations can change most of the information in their formation documents except for their registered agent/registered office. To change your business name, you’ll need an Name Reservation Request Form for Domestic Entities form in addition to the amendment.
No. You’re required to submit the Alabama annual report for your LLC or corporation every year, regardless of whether the business made changes to information contained in the Articles of Organization or Articles of Incorporation. The need to file Articles of Amendment or a similar form arises only when there is a change to the information contained in the original Articles of Organization or Articles of Incorporation.
When filing online, the turnaround time is typically 1-2 business days. Filing by mail takes considerably longer.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
Written by Team ZenBusiness
ZenBusiness has helped people start, run, and grow over 700,000 dream companies. The editorial team at ZenBusiness has over 20 years of collective small business publishing experience and is composed of business formation experts who are dedicated to empowering and educating entrepreneurs about owning a company.
Alabama Business Resources
Ready to Start Your Alabama LLC?
Start Your LLC